A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. Considering that the nature of the instant crime is not good, and that the Defendant did not agree with the victim D until the Defendant was in the trial, strict punishment against the Defendant is necessary.

However, considering the defendant's age, sex and environment, motive, means and consequence of the crime of this case, and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the court below's punishment is too unreasonable. Thus, the above argument by the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims D with heavier punishment for special larceny);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;